Bill to confirm Provisional Orders by Local Government Board for Ireland under Public Health (Ireland) Act, 1878, relating to Belfast

1

[61 Vict.] Local Government ( Ireland ) Provisional
Order (No, 4).

A

BILL

TO

Confirm a Provisional Order of the Local Government a.d. 1898 .
Board for Ireland relating to Belfast.

W HEREAS the Local Government Board for Ireland have
made the Provisional Order set forth in the schedule hereto :

And whereas it is requisite that the said Order should be
confirmed by Parliament :

5 Be it therefore enacted by the Queen’s most Excellent Majesty
by and with the advice and consent of the Lords Spiritual and
Temporal and Comm ons in this present Parliament assembled and

by the authority of the same as follows : —

*

1. The Order set out in the schedule hereto is hereby confirmed Orders in
10 and all the provisions thereof shall have full validity and force. confirmed
2. This Act may be cited as the Local Government Board Short title.
(Ireland) Provisional Order Confirmation (No. 4) Act 1898.

[Bill 219.]

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A.D. 1898.

Belfast.

59 & 60 Viet,
c. ecxlvi. s. 7.

Lord Government (Ireland) Provisional [61 Vic-r.l
Order {No. 4j).

SCHEDULE.

The Local Government Board eor Ireland.

PROVISIONAL ORDER.

Amending Section 48 (1) of the Belfast Corporation Act 1896.

WHEREAS by the Belfast Corporation Act 1896 (herein-after called the 5
Act of 1896) the boundary of the city was extended so as to comprise in
the city the townlanda and parts of townlands and other lands specified in the
Second Schedule to the said Act so fiir as the same were not then within the
boundary of the existing city and it was enacted that the said townlands and
parts of townlands and other lauds so added to the existing city (hcrcin-aftcr 10
called the added area) should for all purposes form part, of the city of Belfast :

And whereas by the extension of the boundaries of the city owners and
occupiers of premises in the added area became liable to rates levied by the
lord mayor aldermen and citizens of Belfast (herein-after called the Corporation)
under the Munici pal Corporations (Ireland) Acts 1840 to 1888 the Public 15
Parke (Ireland) Act 1869 the Public Parks (Ireland) Act 186?) Amendment
Act 1872 the Public Libraries (Ireland) Acts 1855 to 1894 the Public Health
(Ireland) Acts 1878 to 1896 the Act of 1896 and the several local Acts
mentioned in the first Schedule to the Act. of 1896 :

And whereas by the fourth section of the Act of 1896 it is enacted that in the said 20
Act unless the context otherwise requires the expression f< local Acts” means
the Acts specified in the First Schedule to the said Act so far as the same are in
force and nn repealed :

And whereas it is enacted by sub-section (1) of the forty-eighth section of the
Act of 1896 that owners and occupiers of all rateable property within the added 25
area who shall pay any rate made in respect thereof under the local Acts within
three months after such rate shall have been made shall be allowed a discount
of twenty-five per centum upon sttch rale for a period of ten years from the first
tlay of January 1898:

And whereas the Corporation have presented a petition to the Local 30
Government Board for Ireland (herein-after called the Local Government
Board) stating that when the Bill for the Act of 1896 was before Parliament
it was arranged between the Corporation and a number of inhabitants of the
added area that the owners and occupiers of all rateable property within the
said area who should pay any rate made by the Corporation in respect thereof 35
within three months after such rate should have been made should be allowed
a discount of twenty-five per centum upon such rate for a period of ten years
from the first ol January 1898 and that by this arrangement the terms of which

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3

[61 Vict.] Local Government ( Ireland ) Provisional
Order ( No . 4). .

were widely circulated at the time all municipal rates payable by such owners
and occupiers were intended to be included but that in drafting sub-section (1)
of section 48 of the Bill to cany out the said agreement the words “ under
the local Acts ” were by mistake inserted which by the definition section 4
5 of the Act meant those specified in the First Schedule to the Act and conse-
quently that the section does not apply as it was intended to do and as it was
believed at the time it would do to the other rates levied by the Corporation
under Public Acts such as the borough rate the public park rate the public
libraries rate the public health rate and the district sewer rate under the Act
of 1896 which were intended to be but were not embraced in the said section,
and that consequently the Corporation are unable to allow the said discount on
such rates without an amendment of the said section and that they are desirous
of keeping faith with the ratepayers and request an amendment of the said
section so as to embrace all the municipal rates whether levied under any local
^5 or public Acts and the Corporation by the said petition prayed that section 48
sub-section 1 of the Act of 1896 should be amended by substituting for the
words “ the local Acts ” therein the words “ any existing Act whether public
and general or local and personal and also under this Act” :

And whereas notice of the purport of the proposed Provisional Order having
20 been previously given by advertisement in the manner prescribed by the Public
Health (Ireland) Act 1878 the Local Government Board have caused a local
inquiry to be held with respect to the propriety of assenting to the prayer of the
said petition and it appears to the Local Government Board that the statements
contained in the said petition are correct and no oppositiou has been offered by
25 any person to the proposed Provisional Order :

It is ordered by the Local Government Board as follows : —

1. Upon the confirmation of this Order by Parliament section 48 sub-

section (1) of the Act of 1896 shall be amended as follows : — The words
therein contained “ any rate made in respect thereof under the local
30 “ Acts ” shall be struck out and there shall be substituted for the said

words the words “ any rate other than poor rate or county cess made in
« respect thereof under any Act in force for the time being including
“ this Act."

2. The costa charges aud expenses of and incidental to the application for

35 preparation obtaining and confirming this Order shall be paid by the

Corporation out of the rate called the general purposes rate.

3. This Order may be cited and referred to as the Belfast (Local Act

Amendment) Provisional Order 1898.

Given under our hands and seal of office this eleventh day of May
40 in the year of our Lord one thousand eight hundred and

ninety-eight.

(Signed) H. A. Bobinsost.

T. J. Stapfokd,

A.D. 1898.
Belfast.

Amendment of
the Belfast
Corporation
Act 1S96
s. 48 (I).

Costs of Order.

Short title of
Order.

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■ ..><■>•1 uuvenimoiit

(Ireland) Provisional
Order (No. 4).

BILL

To confirm a Provisional Order of the
Local Government Board for Ireland
relating to Belfast.

[/*,.« }</.]

[Bill 210.]

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